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 Regulation by the Minister for Health, Welfare and 
Sport of                                   (date), No. 
VGP/PSL,         laying down temporary rules regarding the product requirements for Lucky 
Bamboo (Temporary Commodities Act product 
requirements for Lucky Bamboo) (draft)  
Reference The Hague  
 
The Minister for Health, Welfare and Sport,  
 
Acting in concert with the Ministers for Agricu lture, Nature Management and Food Quality, and for 
Economic Affairs; 
 Having regard to Article 15, paragraph one of the Commodities Act; 
 
 Decrees: 
 
 Article 1 
 
In this regulation the following terms are used: a. Lucky Bamboo: ornamental plant with the scientific name Dracaena sanderiana; 
b. tiger mosquito: insect with the scientific nam e Aedes albopictus, as well as the eggs and the 
larvae thereof.  
 
 
Article 2  
 Ministry for Health, Welfare and Sport 
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It is forbidden to act contrary to the regulations laid down in Article 3, paragraph one, and Article 4.  
 
 Article 3 
 
1. Lucky Bamboo:
 
a. shall be traded free of tiger mosquitoes;  
b. shall be brought from third countries in to Dutch territory and transported further in 
closed containers which are to be opened solely in a confined space; and  
c. leaves the confined space as meant und er b no sooner than three weeks after the 
commencement of an effective biocide treatme nt suitable for ridding the plants of the 
tiger mosquito.  
2. For the application of this regulation a consignment of Lucky Bamboo is to be regarded as a 
plant.  
 
 
Article 4  
1. The trader shall have a prevention plan for the treatment, as meant in Article 3, paragraph one, 
under c. 
2. The trader shall also conduct an administration in which the information concerned with and 
relating to the implementation of the prevention plan is laid down in a systematic fashion. 
  
Article 5 
 This regulation shall enter into effect from t he second day after the date of publication in the 
Government Gazette.  
  
Article 6 
 This regulation shall be known as: Temporary Commodities Act product requirements for Lucky 
Bamboo. 
  
This regulation shall be published with the expl anatory statement in the Government Gazette.  
  
The Minister for Health,  
Welfare and Sport,  
 
 Dr. A. Klink 
 
 Ministry for Health, Welfare and Sport 
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 Ministry for Health, Welfare and Sport 
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Explanation 
 
 General 
 
During the import of Lucky Bamboo plants from third countries (non-member countries of the EU or the 
EEA) the Asian tiger mosquito is also imported. The eggs and larvae of this mosquito are present on 
the plant. During transport and in the greenhouses these eggs and larvae develop into mosquitoes. 
The plants come from areas where the dengue virus is endemic and is spread by the tiger mosquito. Furthermore, the mosquito can carry various ot her illnesses which are da ngerous for humans. The 
import and establishment of the tiger mosquito in the Netherlands have to be prevented as the 
mosquito, as a potential source of those dangerous illnesses, forms a threat to public health. Whenever this explanation refers to tiger mos quitoes, this includes the eggs and larvae thereof.  
 
In October 2007 a covenant was drawn up with  all established importers of Lucky Bamboo 
(Government Gazette 2007, 224) in which it was decided that they would import the plants free of tiger 
mosquitoes. Monitoring in greenhouses by the Plant  Protection Service, co mmissioned by the Dutch 
National Institute for Public Health and the Envi ronment (RIVM), showed that during the period from 
June 2008 tiger mosquitoes were captured at va rious importers. The importers were immediately 
warned about this in writing. This has not, however, le d to a zero catch of tiger mosquitoes. It is clear 
that the required efforts pursuant to the covenant have not led to the desired result. Therefore more far 
reaching regulations are required.  
 
The Dutch National Institute for Public Health and the Environment (RIVM) has advised
1 that the 
existing agreements in the covenant be turned into law,  in order that a prohibition/restriction on the 
import of the tiger mosquito can actually be enfor ced. Besides this the RIVM recommends that the 
importers are to be required to treat the plants in t he greenhouses with pesticides; in this regard the 
RIVM names Bacillus thuringiensis israelensis  (Bti), a biocide. Although at the time of entry into effect 
of this regulation an exemption has been granted for Bti, this is a prohibited substance.   
 The current covenant will not be extended as the effect is insufficient. On passing this urgent measure, 
from the moment of entry into effect, all importers and other traders shall be required to make sure that 
Lucky Bamboo traded by them is free of tiger mosq uitoes. The required efforts for the importers are 
thus replaced by a result requirement for all traders.  
 
It is to be expected that importers will come to stri ct agreements with the suppliers in the country of 
origin. It is the responsibility of anyone trading in Lucky Bamboo to make sure  that the agreements, 
which are to lead to mosquito-free Lucky Bamboo, are actually satisfied. This regulation enforces that. 
Should traders not have made such agreements and should  they not have made sure that their plants 
are free of tiger mosquitoes, it would be sensib le if they ensured suitable arrangements are made 
forthwith, in order to ensure that  their plants are mosquito-free. In  any case, traders will no longer be 
able to evade their responsibility by hiding behind their suppliers.   
                                                     
 
1 Advice by the  Dutch National Institute for Public Health and the Environment to the Minister for Health, Welfare 
and Sport of 9 September 2008. Ministry for Health, Welfare and Sport 
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Furthermore each importer has the duty to continue  the practices based on the covenant, that Lucky 
Bamboo from third countries has to be brought into the Netherlands in closed containers and not to 
open these containers until they have arrived in t he greenhouses where the plant s are cultivated. To a 
large extent the eggs of the tiger mosquito develop in to larvae within 48 hours if coming into contact 
with moisture. Therefore any possibl e eggs will develop within the time that the plants are cultivated. In 
order to ensure that all the eggs on the plants hav e developed before they are traded, the plants shall 
stay in the greenhouses for a minimum of three week s. As the eggs, like the larvae, are harder to 
detect and harder to combat than the adult mosquit oes, traders are also obliged to treat their plants 
with a biocide suitable for making them free of the tiger mosquito and the larvae and eggs thereof. In a competent prevention plan it shoul d not be considered an impossibility that the tiger mosquito, in 
whatever form, can survive his stay in the greenh ouses. It is up to the traders of Lucky Bamboo to 
determine which biocide they wish to employ, as l ong as it is sufficiently effective, permitted as a 
pesticide for mosquitoes and larvae and is permitted by law. If necessary t hey can precipitate the 
granting of the necessary permission themselves. 
 As prompt measures are required in the interest of public health, this temporary regulation can be laid 
down on the basis of Article 15, paragraph one of the Commodities Act. The regulation is to be 
replaced by an Order in Council within two years.   
The tiger mosquito can cause a great deal of di sruption among the populace by his aggressive biting 
behaviour. Although it has to be taken into account t hat the tiger mosquito will in time spread from 
southern Europe towards the Netherlands, taking the requisite precautions against the spread by 
means of Lucky Bamboo will prevent the mosquito form ing any more than the smallest possible threat. 
This also avoids having to undertake the large scal e prevention and control campaigns, such as are 
now taking place in, for example, Spain, Italy and France, any earlier than strictly necessary. The 
advantages for public health far outweigh the disadvan tages of the infringements on free trade, as it 
means that the chance that people become seriously ill due to a tiger mosquito bite is restricted to a minimum. The restrictions imposed on the trade in Lucky Bamboo are hardly more burdensome than 
the restrictions to which the importers agreed voluntarily in the covenant.  
 By including on the one hand a prohibition on the import  from third countries and the subsequent trade 
in Lucky Bamboo that is not free of tiger mosquitoes  in this urgent measure, and on the other hand by 
including a requirement to treat the plants with bi ocides, no temporary measures are required. Every 
trader can comply with these requirements from the mo ment of entry into effect. Given the short term 
within which this regulation enters into effect no fu rther peripheral conditions will be imposed. When the 
Order in Council is laid down it will take into consideration whether such should be intr oduced at that 
time.  
 
 Article by article 
 
Article 3  
Lucky Bamboo may not be traded if the plants are not fr ee of tiger mosquitoes. This not only applies to 
each plant to be traded individually, but also to co nsignments of these plants. Should one or more Ministry for Health, Welfare and Sport 
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infested plants be discovered in a consignment, then the whole consignment is to be regarded as 
infested. 
The plants are to be imported from third countries into the Netherlands in closed containers. The 
containers are to be opened in a confined space. This  does not regard a quarantine. In practice it will 
concern the greenhouse where the plants are cultivat ed further. Although there is a requirement to 
trade the plants free from mosquitoes, a separate requirement has been included to treat the plants 
sufficiently with a biocide in order to exclude any risks.  
 
Article 4  
The trader shall employ a prevention plan which lead s to efficient prevention of the tiger mosquito. 
What will be efficient cannot be determined in adv ance. It depends on several factors. The inspector 
will have to judge whether a plan is adequate, bas ed on the materials used, the number of plants and 
other factors.   
In order to facilitate good supervision, the trader sha ll maintain a competent administration with regard 
to the implementation of the prevention plan. An  inadequate prevention plan will be in breach of 
paragraph one. The trader shall be held responsible in this regard. 
  
Administrative burden and effects on companies 
 This regulation has no consequences for the admin istrative burden for citizens. The consequences for 
companies will be calculated for the Order in Council.  
  
Notification to the European Commission (Directive 98/34/EC) 
 The draft regulation has been notified to the Euro pean Commission, in accordance with Article 8, 
paragraph one, of Directive 98/34/EC  of the European Parliament and of the Council of 22 June 1998 
laying down a procedure for the provision of info rmation in the field of technical standards and 
regulations and of rules on information society services (OJ L 204). Notification to the European 
Commission is necessary, as the draft regulation pr obably contains technical requirements as meant in 
Directive 98/34/EC. Insofar as this regulation cont ains quantitative import restrictions or measures 
having an equivalent effect, these measures are justifi ed in order to protect public health. For this the 
urgent procedure was employed, as meant in Arti cle 9, paragraph seven of Directive 98/34/EC, in 
connection with the gravity of the situatio n which involves the safety of persons.  
 
PM reaction European Commission 
  
The Minister for Health,  
Welfare and Sport,  
 
  Ministry for Health, Welfare and Sport 
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Dr. A. Klink